Brighton Central School District

3000 - COMMUNITY RELATIONS

3000 TRANSGENDER AND GENDER NON-CONFORMING

Last Updated Date: 06/15/2021

Adoption Date: 09/08/2015

The Brighton Central School District is committed to providing a safe learning and work environment for all students and adults, including transgender and gender identity students and employees, and to ensuring that every student and employee has equal access to the District’s programs, activities, and systems.   Additionally, District policy requires that all school buildings and all personnel promote mutual respect, tolerance, and acceptance among students and staff free from discrimination and harassment on the basis of sex, gender, gender identity, gender nonconformity, and gender expression. 

This policy and its procedure will support that effort by facilitating District compliance with local, state and federal laws concerning harassment, intimidation, bullying and discrimination.  Accommodations for transgender students will be made on a case-by-case basis and will be based upon the specific circumstances at issue

Definitions

For the purposes of this policy, the District defines certain terms, not as labels, but as functional descriptors meant to promote common understanding:

Cisgender: A person whose gender identity corresponds to their assigned sex at birth. 

Biological Sex/Sex: This refers to a person’s internal and external anatomy, chromosomes and hormones.

Gender Identity: Describes a person’s inner sense or psychological knowledge, understanding, interests, outlook, and feelings about being female, male, neither, or both. 

Gender Expression: Describes the ways a person conveys their gender identity to others, such as through behaviors, appearance, mannerisms, hairstyle, clothing, and activities.

Transgender: Describes a person whose gender identity is different from their gender assigned at birth.  A student or staff member may self-identify as transgender, but this policy establishes criteria that must be met for the District to formally recognize this change.

Gender Non-Conforming (GNC): Describes a person whose gender identity or gender expression does not conform to social or stereotypical expectations of a person with that gender assigned at birth.  This is also referred to as gender variant or gender atypical.   

Transition:  the process by which a person socially or physically aligns their gender expression more closely to their gender identity than their assigned sex at birth.

Harassment & Bullying

As full participants and welcome members of the school community, transgender and gender non-conforming students and employees shall not be subject to harassment or bullying. All members of the school community have an affirmative obligation to create an environment that promotes mutual respect, tolerance, and acceptance among students and staff; and administrators shall investigate and respond to any allege instances of harassment or bullying consistent with the procedures set forth in the District’s Dignity for All Students and Anti-Harassment Policies.

Issues of Privacy

The District recognizes that the process of determining one’s gender identity requires sensitivity and discretion and, to the greatest extent possible, status as transgender or gender non-conforming will be kept confidential.  Notwithstanding the foregoing, the student’s/employee’s privacy interests must be balanced against the obligation of school administrators to provide a safe, effective and nurturing learning environment and to keep staff members properly informed so they may respond effectively and appropriately to issues arising in the school.

Information about a student's gender status, legal name, or gender assigned at birth may constitute confidential medical or educational information.  Disclosing this information to other students, their parents, or other third parties may violate privacy laws, such as the federal Family Education Rights and Privacy Act (FERPA) (20 U.S.C. §1232; 34 C.F.R. Part 99).  Therefore, school personnel shall not disclose an employee’s or student’s transgender or gender non-conforming status to third persons, including, but not limited to, other students, parents, and/or other school personnel, unless (1) legally required to do so (2) the student/employee  has authorized such disclosure or (3) as otherwise consistent with this policy.  Except as set forth herein, personnel and students, including transgender and gender non-conforming employees and students, shall be afforded the discretion to discuss and express their gender identity and gender expression and to decide when, with whom, and how much information to share with others. 

Official School Records (Students)

As required by law, the District will maintain the confidentiality of student information and records. If a transgender or GNC student has officially changed his or her name, as demonstrated by court order or birth certificate, the District will change its official and unofficial records, as needed, to reflect the change. The District will maintain records with the student's assigned birth name in a separate, confidential file.

If a transgender or GNC student has not officially changed his or her name, but wishes to be referred to by a different name that corresponds to their gender identity, the District may create or change both official and unofficial records to reflect the name and gender identity that the student consistently asserts at school.

When necessary to ensure appropriate and coordinated medical care, however, the District will use the student's legal name and gender. Any student identification cards will be issued with the name reflecting the gender identity the student consistently asserts at school. The District will maintain records with the student's assigned birth name and gender in a separate, confidential file.

Names & Pronouns

When apprised of a student's transgender or GNC status, the District will endeavor to engage the student and his or her parents or guardians, as appropriate, in an effort to agree upon a plan that will accommodate the student's individual needs at school. Transgender and GNC students have the right to discuss and convey their gender identity and expression openly and to decide when, with whom, and how much to share this confidential information. The plan may therefore include when and how to initiate the student's preferred name and associated pronoun use and if, when, and how this is communicated to others. District staff will use the name and pronoun that corresponds to the gender identity the student consistently asserts at school.   A student is not required to change their official records or obtain a court-ordered name and/or gender change as a prerequisite to being addressed by the name and pronoun that corresponds to their gender identity.  When communicating with transgender or gender nonconforming students regarding particular issues such as conduct, discipline, grades, attendance or health, school employees will focus on the conduct or particular issues rather than making assumptions regarding the student’s actual or perceived gender identity.  When communicating with parents of transgender or gender nonconforming students, school employees will refrain from the use of gender pronouns and refer to the student by name whenever practicable.  The District will not condone the intentional and persistent refusal to respect a student’s gender identity, or inappropriate release of information regarding a student’s transgender status.

When apprised of an employee’s transgender or GNC status, the District will endeavor to engage the staff member, in an effort to agree upon a plan that will accommodate the employee’s individual needs at the district.  Transgender and GNC employees have the right to discuss and convey their gender identity and expression openly and to decide when, with whom, and how much to share this confidential information.  District personnel and students will use the name and pronoun that corresponds to the gender identity the employee consistently asserts at school.

Restroom Accessibility

Use of restrooms by transgender or gender nonconforming students will be assessed on a case-by-case basis, with the goal of ensuring the student’s safety.   No student will be required to use a restroom that conflicts with his or her gender identity, and transgender or gender nonconforming students may be provided use of a gender neutral alternative in some cases. Accessibility will be provided to support student safety based on each student’s individual need.

Any transgender or GNC person requesting increased privacy or other accommodations when using bathrooms or locker rooms will reasonably be provided with a safe and adequate alternative, but they will not be required to use that alternative.

Locker Room Accessibility

Use of locker rooms by transgender or gender nonconforming students will be assessed on a case-by-case basis, with the goal of maximizing transgender or gender nonconforming student social integration, providing an equal opportunity to participate in physical education classes and athletic opportunities and ensuring the student’s safety. Reasonable alternatives to locker room conditions may include, but are not limited to:

• use of a private area (e.g., nearby restroom stall with a door, an area separated by a curtain, an office in the locker room, or a nearby health office restroom);
• a separate changing schedule (i.e., utilizing the locker room before or after the other students.

Any alternative to locker room conditions will be provided in a manner that allows the student to keep his or her transgender or gender nonconforming status private.  No student, however, will be required to use a locker room that conflicts with his or her gender identity.                                     

Participation in Physical Education Classes & Interscholastic Sports (Students)

To the fullest extent permitted by law, transgender and gender-non-conforming students are to be provided the same opportunities to participate in physical education as all other students.  To the extent that physical education classes may be organized in gender-specific groups, transgender students shall be entitled to participate with the group that corresponds to their gender identity asserted at school.  Gender non-conforming students shall participate with the group that corresponds to his/her sex at birth.  Notwithstanding the foregoing, physical education teachers shall have the discretion to group students to accommodate specific student needs and the learning goals of the lesson.

Upon written notification that a transgender or GNC student would like an opportunity to participate in the District's interscholastic athletics program consistent with his or her gender identity, the District will determine his or her eligibility in accordance with applicable law, regulations, and guidelines including those of the New York State Public High School Athletic Association (NYSPHAA). The District will confirm the student's asserted gender identity consistent with NYSPHAA rules and requirements. The student's gender identity should be the same as the identity used for District registration and other school purposes.

The District's athletic director will notify opposing team athletic directors or the New York State Public High School Athletic Association if a student needs any accommodations during competitions.   The District’s athletic director shall also attempt to make reasonable accommodations, consistent with this policy, for transgender or gender non-conforming students on visiting teams who require access to bathrooms and locker room facilities at District-owned schools.

Any appeal regarding the District's eligibility decision will be directly to the Commissioner of Education.

Field Trips (Students)

The principal or his/her designee shall make arrangements on a case-by-case basis and to the greatest extent practicable to accommodate transgender or gender non-conforming students who plan to attend an overnight field trip that includes hotel or room-sharing accommodations.

Other Activities

Generally, in other circumstances where students or staff may be sex-segregated, such as overnight field trips or conferences, students and employees may be permitted to participate in accordance with the gender identity that they consistently asserts at school. Privacy concerns will be addressed individually and on a case-by-case basis in accordance with District policy and applicable law, regulations, and guidelines.

Dress Code

Transgender and gender non-conforming students and employees may dress in accordance with their gender identity or expression, provided that their clothing is consistent with the Code of Conduct.  The District will not restrict students’ clothing or appearance on the basis of gender.

The District’s dress code applies while its athletes are traveling to and from athlete contests.  Athletes will have access to uniforms that are appropriate for their sport.

Other School Activities

In any school activity or other circumstance involving separation by gender (i.e., class discussions, field trips), students will be permitted to participate in accordance with the gender identity they assert at school.  Overnight accommodations for transgender or gender nonconforming students will be assessed on a case-by-case basis, with the goal of maximizing transgender or gender nonconforming student social integration and ensuring the student’s safety.  Teachers and other school employees will make every effort to separate students based on factors other than gender where practicable.

Discrimination and Harassment Complaints

Discrimination and harassment on the basis of sex, sexual orientation, or gender identity or expression are prohibited within the District.  It is the responsibility of each school, the District and all staff to ensure that all students, including transgender and gender non-conforming students, have a safe school environment. The scope of this responsibility includes ensuring that any incident of discrimination or harassment is given immediate attention and/or reported to the school building’s Dignity Act Coordinator. 

Complaints alleging discrimination or harassment based on a person’s actual or perceived gender identity or expression are to be taken seriously and handled in the same manner as other discrimination and/or harassment complaints. This includes investigating the incident and taking age and developmentally-appropriate corrective action.  Anyone may file a complaint alleging a violation of this policy using the complaint process outlined in the District’s Procedures and Standards Governing Harassment, Intimidation, or Bullying in accordance with Board Policy 7550.

Family Educational Rights and Privacy Act (FERPA), 20 USC § 1232g

34 CFR Part 99

Title IX of the Education Amendments of 1972

Education Law Article 2 and §§ 2-d, 11(7), 3201-a

8 NYCRR § 100.2

 

Policy References

Family Educational Rights and Privacy Act (FERPA), 20 USC § 1232g
34 CFR Part 99
Title IX of the Education Amendments of 1972
Education Law Article 2 and §§ 2-d, 11(7), 3201-a
8 NYCRR § 100.2

3000 - COMMUNITY RELATIONS

3005 DRONES OR UNMANNED AIRCRAFT SYSTEMS (UAS)

Adoption Date: 10/24/2017

Drones or Unmanned Aircraft Systems (UAS) are permitted on school property solely for instructional purposes, with the prior approval of the Superintendent or his or her designee.  To protect the privacy and safety of students, staff, and visitors, the use of drones or UAS for any other purpose is not permitted on school property, including playing fields, spectator and parking areas. 

Policy References

 

3000 - COMMUNITY RELATIONS

3010 THERAPY DOGS

Adoption Date: 09/25/2018

The District supports the use of a therapy dog program for the academic, social and emotional benefit of its students, subject to the conditions of  this policy.

Therapy Dog.

A “therapy dog” is a dog that has been individually trained and certified to work with its Owner to provide emotional support, well-being, comfort, or companionship to District students. Therapy dogs are not “service animals” as that term is used in the American with Disabilities Act. The dog must be well behaved and have a temperament that is suitable for interaction with students and others in a public school. Therapy dogs are the personal property of the dog owner and are not owned by the District.

Therapy Dog Standards and Procedures.

Therapy dogs in the school setting will be recommended by the Superintendent and approved by the Board of Education.  Prior to recommendation and approval, owners will satisfy the following requirements:

 a) Request: An Owner who wants to bring a therapy dog to school must submit a written request form to a principal or superintendent. The request must be renewed each school year or whenever a different therapy dog will be used.

 b) Training and Certification: The Owner must submit the American Kennel Club’s Canine Good Citizen Certification or its equivalent as determined by the Superintendent.  The certification must remain current at all times.

 c) Health and Vaccination: The therapy dog must be clean, well groomed, in good health, house broken, and immunized against diseases common to dogs. The Owner must submit proof of current licensure from the local licensing authority and proof of the therapy dog’s current vaccinations and immunizations and health from a licensed veterinarian.   

 d) Control: A therapy dog must be under the control of the teacher or school employee through the use of a leash or other tether unless the use of a leash or other tether would interfere with the therapy dog’s safe, effective performance of its work or tasks. However, the therapy dog must be under the owner’s control at all times.

 e) Identification: The therapy dog must have appropriate identification identifying it as a therapy dog.

 f) No Disruption: The therapy dog must not disrupt the educational process by barking, seeking attention, or any other behavior.

 g) Health and Safety: The therapy dog must not pose a health and safety risk to any student, employee, or other person at school.

 h) Supervision and Care of Therapy dogs: The Owner is solely responsible for the supervision and care of the therapy dog, including any feeding, exercising, and clean up while the animal is in a school building or on school property. The District is not responsible for providing any care, supervision, or assistance for a therapy dog.

 i) Authorized Area(s): The Owner will only allow the therapy dog to be in areas in school buildings or on school property that are authorized by District administrators.

 j) Insurance: The Owner must submit to the Business Office a copy of an insurance policy that provides liability coverage for the therapy dog while on school property.

The building principal must notify parents and guardians on an annual basis regarding the presence of therapy dogs in the school building and school grounds.

Exclusion or Removal from School

A therapy dog may be excluded from school property and buildings if an administrator determines that:

a) A handler does not have control of the therapy dog;

b) The therapy dog is not housebroken;

c) The therapy dog presents a direct and immediate threat to others in the school; or

d) The animal’s presence otherwise interferes with the educational process.

The Owner will be required to remove the therapy dog from school premises immediately upon such a determination.

Allergic Reactions

If any student or school employee assigned to a classroom in which a therapy dog is permitted suffers an allergic reaction to the therapy dog, the Owner of the animal will be required to remove the animal to a different location designated by an administrator.

Damages to School Property and Injuries

The Owner of a therapy dog is solely responsible and liable for any damage to school property or injury to personnel, students, or others caused by the therapy dog.

Therapy Dog in Training

This policy will also be applicable to therapy dogs in training that are accompanied by a bona fide trainer.

Policy References

School District Media

 

Members of the leadership team working collaboratively with the communications coordinator are responsible for the preparation of news releases concerning the activities within schools and programs, and for reviewing them with the Superintendent prior to release.

 

In addition, a periodic newsletter may be prepared and sent to each resident of the District or posted on its website. Included in the newsletter will be information regarding school activities, a monthly calendar, and other items of interest to the community. The Board accepts the funding obligation for the necessary staff and production costs.

 

As the official spokesperson, the Superintendent or designee will issue all news releases concerning the District. All statements of the Board will be released through the Office of the Superintendent and/or the District Clerk.

 

Municipal Governments

 

The Board will establish and maintain a positive working relationship with the governing bodies of the municipality. The Board will also cooperate with municipal, county, and state agencies whose work affects the welfare of the children of the District, including, but not limited to, the County Social Services Department, the Board of Health, the Recreation Department, the Public Library, and all community emergency services agencies.

 

Senior Citizens

 

The Board will consider school-related programs for senior citizens in accordance with Education Law and/or the Commissioner's regulations. These programs include special use of school buildings, school lunches, and partial tax exemptions.

 

Education Law Sections 1501-b(1)(a), 1501-b(1)(b), and 1709(22)

Real Property Tax Law Section 467

 

Adoption Date: November 5, 2024

 

 

3000 - COMMUNITY RELATIONS

3140 FLAG DISPLAY

Adoption Date: 06/12/2007

In keeping with State Education Law and Executive Law, the Board of Education accepts its duty to display the United States flag upon or near each public school building during school hours, weather permitting, and such other times as the statutes may require or the Board may direct.

When ordered by the President, Governor, or local official, to commemorate a tragic event or the death of an outstanding individual, the flag shall be flown at half-staff. The Superintendent's approval shall be required for the flag to be flown at half-staff upon any other occasion. Regulations for seeking such approval shall be established in the Administrative Manual of the District.

The flag shall be displayed in every assembly room (i.e., the auditorium) including the room where the Board of Education meetings are conducted, as well as displayed in all rooms used for
instruction.

 

Policy References

Education Law Sections 418 and 419
Executive Law Sections 402 and 403
8 New York Code of Rules and Regulations (NYCRR)
Sections 108.1-108.3

3000 - COMMUNITY RELATIONS

3150 SCHOOL VOLUNTEERS

Adoption Date: 06/12/2007

Refer also to Policy #6540 -- Defense and Indemnification of Board Members and Employees

The Board recognizes the need to develop a school volunteer program to support District instructional programs and extracurricular activities. The purpose of the volunteer program will be to:

a) Assist employees in providing more individualization and enrichment of instruction;

b) Build an understanding of school programs among interested citizens, thus stimulating widespread involvement in a total educational process;

c) Strengthen school/community relations through positive participation. Volunteers are persons who are willing to donate their time and energies to assist Principals, teachers, and other school personnel in implementing various phases of school programs.

Volunteers shall serve in that capacity without compensation or employee benefits except for liability protection under the District's insurance program.

Policy References

Volunteer Protection Act of 1997,
42 United States Code (USC) Section 14501 et seq.
Education Law Sections 3023 and 3028
Public Officers Law Section 18

3000 - COMMUNITY RELATIONS

3210 VISITORS TO THE SCHOOL

Last Updated Date: 2/12/2014

Adoption Date: 6/12/2007

Revisions History: 2/11/2014

The Board of Education recognizes the public nature of district schools and grounds, and as much as possible, attempts to make them available for public use. Nonetheless, the safety and security of our children and staff, and recognition that school facilities must primarily be reserved for the educational needs of our students, require that district policies and practices place some limits on public access to schools and grounds.

All visitors shall be required to enter each school building through main entrances only and be prepared to follow the protocol of the district's visitor management system to ensure the safety and security of our students and staff.  The purpose of the Raptor Visitor Management System is to enhance building security and ensure that each visitor has legitimate business with the school district. 

Visitations to classrooms for any purpose require permission in advance from the Building Principal, or his/her designee, in order to allow teachers the opportunity to arrange their schedules to accommodate such requests.

When individual Board members visit the schools outside of their official duties as Board of Education members, they must abide by the regulations and procedures developed by the
administration regarding school visits.

The Brighton Central School District, in partnership with the Brighton Police Department has established a uniform visitor control standard with required procedures that all schools must implement and include in their School Safety Plans. 

Refer to Policy #2210 -- Committees of the Board for visitation of school buildings by Board of Education members in their official capacity as Board members.

Policy References

2/11/2014

3000 - COMMUNITY RELATIONS

3215 USE OF SERVICE ANIMALS

Last Updated Date: 5/31/2016

Adoption Date: 6/12/2007

Revisions History: 5/24/2016

The Board allows the use of service animals on school grounds by individuals with disabilities, subject to restrictions permitted by federal and/or state law, and procedures established by the Superintendent of Schools or his/her designee.

A service animal is defined as any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. Other species of animals, whether wild or domestic, trained or untrained, are not service animals.

The work or tasks performed by a service animal must be directly related to the individual's disability. The crime deterrent effects of an animal's presence and the provision of emotional support, well-being, comfort, or companionship do not constitute work or tasks for the purposes of this definition.  Psychiatric service animals that have been trained to take a specific action to help avoid an anxiety attack or reduce its effects, however, may qualify as a service animal.

The Superintendent of Schools or his/her designee may create regulations and/or building-specific rules regarding the use of service animals on school grounds by individuals with disabilities.

 

Policy References

5/24/2016

3000 - COMMUNITY RELATIONS

3220 PUBLIC EXPRESSION AT MEETINGS

Adoption Date: 06/12/2007

Refer also to Policy #1730 -- Executive Sessions

All meetings of the Board shall be conducted in public, and the public has the right to attend all such meetings. Public expression at such meetings shall be encouraged and a specific portion of the agenda shall provide for this privilege of the floor. At its discretion, the Board may invite visitors to its meetings to participate in the Board's discussion of matters on the agenda.

The Board of Education reserves the right to enter into executive session as specified in Policy #1730 -- Executive Sessions.

Policy References

3000 - COMMUNITY RELATIONS

3225 SPEAKERS AT DISTRICT OR SCHOOL SPONSORED EVENTS

Adoption Date: 01/21/2020

SUBJECT:  Speakers at District or School Sponsored Events

Persons from outside the district are often invited to speak at various district or school-sponsored events. The Board has established parameters for outside speakers that publicly speak at school events, including graduation, assemblies, and other similar activities.

Outside Speakers

The Board, superintendent, principals or teachers may invite speakers from outside the district to speak at classes, graduation, assemblies, professional development programs for district employees or the Board, or similar events. For the purposes of this policy, outside speakers are those who are not students, district officials or employees.

Any event at which outside speakers are invited to speak is considered a nonpublic forum, and the content of the speech is limited to the purpose of the forum and the specific topic or theme the speaker is directed to address. The presentation must be appropriate for the participants in the class, graduation, assemblies, professional development program, and when applicable, for any parents/guardians and other children who may attend.  Outside speakers may not engage in speech that is prohibited, as described in Policies 7370 and 8331.

Building administrators are responsible for approving and monitoring the use of outside speakers in their buildings for classroom or schools sponsored events or activities, and may revoke an invitation or stop a presentation if the speaker is in violation of this policy or for any legal reason. The speaker must have the education, training, or experience to discuss the topic(s) chosen for presentation.  For each speaker, the principal or designee overseeing the event may set a maximum time limit that is reasonable and appropriate to the occasion.  All curricular activities including outside speakers must be planned in accordance with the following criteria: specific educational goals; the age of participating students; and the health, welfare, and safety of all persons within the school.

Outside speakers at meetings of student-initiated groups are subject to the same rules as other outside speakers who speak at district or school sponsored events.

The Superintendent is authorized to develop procedures for the implementation of this policy.

  

Disclaimer Required

At all graduation ceremonies or other district or school sponsored events, the district will state in writing, orally, or both that the outside speaker’s speech does not reflect the endorsement, sponsorship, position, or expression of the district. The following statement may be used: "The speaker at this event was selected to speak based on neutral criteria. Unless otherwise indicated, the content of the message is the private expression of the individual and does not reflect the endorsement, sponsorship, position, or expression of the district."

 

 Policy References:  Policy 7370 – Student Expression  
                             Policy 8331 – Controversial Issues        
                             Policy 7411 -  Censorship of School Sponsored Student Publications and Activities                                                           

Policy References

3000 - COMMUNITY RELATIONS

3230 PUBLIC COMPLAINTS

ADOPTED 6/12/2007

Refer also to Policies #8330 -- Objection to Instructional Materials

#8331 -- Controversial Issues

Complaints by citizens regarding any facet of the school operation often can be handled more satisfactorily by the administrative officer in charge of the school or department closest to the source of the complaint. In most instances, therefore, complaints will be made to the Building Principal and/or his/her assistant if the matter cannot be resolved by the teacher, coach, or other school employee.

If the complaint and related concerns are not resolved at this level to the satisfaction of the complainant, the complaint may be directed to the Superintendent and/or one of his/her assistants.  Unresolved complaints at the building level must be reported to the Superintendent by the Building Principal. The Superintendent may require the statement of the complainant in writing.

If the complaint and related concerns are not resolved at the Superintendent level to the satisfaction of the complainant, the complaint may be directed to the Board of Education.  Unresolved complaints at the Superintendent level must be reported to the Board of Education by the Superintendent. The Board of Education reserves the right to require prior written reports from appropriate parties.

Policy References

 

3000 - COMMUNITY RELATIONS

3240 STUDENT PARTICIPATION

Adoption Date: 06/12/2007

Students provide an important channel of communication with parents and the entire community. Information concerning the schools may be properly disseminated through students. The School District's administrators shall review all messages and materials prior to authorizing their dispersal through the student body.

Policy References

3000 - COMMUNITY RELATIONS

3250 PARENT-TEACHER-STUDENT ASSOCIATION

Adoption Date: 06/12/2007

The Board of Education recognizes that the goal of the Parent-Teacher-Student Association is to develop a united effort between educators and the general public to secure for every child the highest achievement in physical, academic and social education. Therefore, staff members and parents are encouraged to join the Parent-Teacher-Student Association and to participate actively in its programs.

Policy References

3000 - COMMUNITY RELATIONS

3260 BOOSTER CLUBS

Adoption Date: 06/12/2007

Booster clubs or other related organizations may be created to promote community support and to raise funds for specific school activities or programs. These groups must receive official Board approval and may not discriminate on the basis of sex, sexual orientation, color, national origin, ethnic background, disability, religion or any other arbitrary criteria.

Rules will be established to govern the activities of booster clubs and other related organizations. The Board further requires that:

a) Financial records be maintained and made available, upon request, for Board of Education inspection;

b) Fundraising activities shall require previous approval of the Board, or its designee, at least thirty (30) days prior to the start of the activity; and

c) Groups wishing to make a contribution adhere to the District's policy and regulations regarding the acceptance of gifts.

Violations to District policy may result in the dissolution of the club or organization.

Civil Rights Law Section 40-c
Prohibits discrimination on the basis of race, creed, color, national origin, sex, marital status, sexual orientation or disability.

Policy References

Students

 

Direct solicitation of charitable donations from District students on school property during regular school hours is prohibited. It is a violation of District policy to ask District students directly to contribute money or goods for the benefit of a charity during the hours in which they are compelled to be on school grounds.

 

However, this policy does not prevent the following types of fundraising activities:

 

a)      Fundraising activities which take place off school grounds or outside of regular school hours during before-school or after-school extracurricular periods;

 

b)      Arms-length transactions, where the purchaser receives consideration for his or her donation. For example, the sale of goods or tickets for concerts or social events, where the proceeds go to charity;

 

c)      Indirect forms of charitable solicitation on school grounds that do not involve coercion, such as placing a bin or collection box in a hallway or other common area for the donation of food, clothing, other goods, or money.

 

The Board will ultimately decide which organizations, groups, etc. can solicit charitable donations and for what purposes, as long as the activities comply with the terms of this policy and the Rules of the Board of Regents.

 

Personnel

 

Soliciting of funds from school personnel by persons or organizations representing public or private organizations is prohibited. The Superintendent has the authority to make exceptions to this policy in cases where solicitation is considered to be in the District's best interest. The Board will be notified of these instances.

 

Distribution of information about worthwhile area charities may be made through the Office of the Superintendent as a service to District personnel.

 

 

New York State Constitution Article 8, Section 1

Education Law Section 414

8 NYCRR Section 19.6

 

 

NOTE:      Refer also to Policy #7450 -- Fundraising by Students

 

Adoption Date: November 5, 2024

 

3000 - COMMUNITY RELATIONS

3272 ADVERTISING IN THE SCHOOLS

Adoption Date: 06/12/2007

Neither the facilities, the staff, nor the students of the School District shall be employed in any manner for advertising or otherwise promoting the interests of any commercial, political, or other nonschool agency, individual or organization, except that:

a) Schools may cooperate in furthering the work of any non-profit, community-wide, social service agency, provided that such cooperation does not restrict or impair the educational
program of the schools or conflict with Section 19.6 of the Rules of the Board of Regents;

b) The schools may use films or other educational materials bearing only simple mention of the producing firm;

c) The Superintendent of Schools may, at his/her discretion, announce or authorize to be announced, any lecture or other community activity of particular educational merit;

d) The schools may, upon approval of the Superintendent of Schools, cooperate with any agency in promoting activities in the general public interest that are non-partisan and noncontroversial, and that promote the education and other best interests of the students.

No materials of a commercial nature shall be distributed through the children in attendance in the Brighton Central School District except as authorized by law or the Commissioner's Regulations.

Policy References

New York State Constitution Article 8, Section 1
8 New York Code of Rules and Regulations (NYCRR)
Section 19.6

3000 - COMMUNITY RELATIONS

3273 SOLICITING FUNDS FROM SCHOOL PERSONNEL

Adoption Date: 06/12/2007

Soliciting of funds from school personnel by persons or organizations representing public or private organizations shall be prohibited. The Superintendent of Schools shall have the authority to make exceptions to this policy in cases where such solicitation is considered to be in the District's best interest. The Board of Education shall be notified of these instances.

Policy References

3000 - COMMUNITY RELATIONS

3280 USE OF SCHOOL FACILITIES, MATERIALS AND EQUIPMENT

Last Updated Date: 2/12/2014

Adoption Date: 2/11/14

Revisions History: 2/11/14

Refer also to Policies #3410 -- Code of Conduct on School Property

#5640 -- Smoking/Tobacco Use

#7310 -- School Conduct and Discipline

#7320 -- Alcohol, Tobacco, Drugs and Other Substances (Students)

#7410 -- Extracurricular Activities

District Code of Conduct on School Property

School Buildings

Use of school buildings, grounds and other property ( "school facilities ") will generally be limited to community organizations. A group is considered as a "community organization " if a
majority of those who constitute the group or a majority of those participating in or attending the activity are residents of the School District, pupils or the families of pupils who attend the District Schools, or employees of the School District.

It is the policy of the Board to encourage the use of school buildings for community-wide activities. This is meant to include those uses permitted by New York State law. Groups wishing to use the school facilities must secure written permission from the Board of Education or its designee and abide by the rules and regulations established for such use including restrictions on alcohol, tobacco and drug use.

The District reserves the right to charge a fee for the use of its facilities in a manner consistent with law, and on terms specified in regulation or by agreement with such organizations.

Materials and Equipment

Except when used in connection with or rented under provisions of Education Law Section 414, school-owned materials or equipment may be used by for school-related purposes only. Private and/or personal use of school-owned materials and equipment is strictly prohibited.

The Board will permit school materials and equipment to be loaned to staff members when such use is directly or peripherally related to their employment and to students when the material and equipment is to be used in connection with their studies or extracurricular activities. Community members will be allowed to use school-owned materials and equipment only for educational purposes that relate to school operations.

Administrative regulations will be developed to assure the lender's responsibility for, and return of, all such materials and equipment.

Refer to Policy 3281 - Use of Facilities by the Boys Scouts of America and Patriotic Youth Groups

Policy References

2/11/14

3000 - COMMUNITY RELATIONS

3281 USE OF FACILITIES BY THE BOY SCOUTS OF AMERICA AND PATRIOTIC YOUTH GROUPS

Adoption Date: 06/12/2007

To the extent the District receives funds made available through the United States Department of Education and maintains a "designated open forum" or a "limited public forum," as those terms are defined in federal regulation, it will not deny any group officially affiliated with the Boy Scouts of America or any other patriotic youth group listed in Title 36 of the United States Code equal access or a fair opportunity to meet. Likewise, the District will not discriminate against any such group that requests to conduct a meeting within the District's designated open forum or limited public forum, including denying such access or opportunity or discriminating for reasons based on the group's membership or leadership criteria or oath of allegiance to God and country.

The District will provide groups officially affiliated with the Boy Scouts of America or other Title 36 patriotic youth group access to facilities and the ability to communicate using school-related means of communication on terms that are no less favorable than the most favorable terms provided to other outside youth or community groups.

The District is not required to sponsor any group officially affiliated with Boy Scouts or any other Title 36 patriotic youth group.

 

Refer also to Policy 3280 -- Use of School Facilities, Materials, and Equipment

 

Policy References

20 USC Section 7905
36 USC Subtitle II
34 CFR Parts 75, 76 and 108

3000 - COMMUNITY RELATIONS

3290 OPERATION OF MOTOR-DRIVEN VEHICLES ON DISTRICT PROPERTY

Adoption Date: 06/12/2007

The use of motor-driven vehicles, including cars, snowmobiles, mini-bikes, motorcycles, all-terrain vehicles (ATV's) and other such vehicles is prohibited on any school grounds or areas except for authorized school functions or purposes.

A school function shall mean a school-sponsored or school-authorized extracurricular event or activity regardless of where such event or activity takes place.

Student Vehicles on School Property

The ability of a student to drive to school and park on District property is a privilege granted by the District to those students who abide by the rules and regulations applicable to the parking of student vehicles on District property. Such regulations shall include, but not limited to, the requirement that all student vehicles are to be registered with the District, that vehicles must be parked in designated areas, and that vehicles may be removed only at certain times during the school day.

Policy References

Education Law Section 2801(1)
Vehicle and Traffic Law Section 1670

3000 - COMMUNITY RELATIONS

3310 PUBLIC ACCESS TO RECORDS

Last Updated Date: 7/3/2012

Adoption Date: 6/12/2007

Revisions History: 12/12/2007

Access to records of the District shall be consistent with the rules and regulations established by the State Committee on Open Government and shall comply with all the requirements of the New York State Public Officers Law Section 87.

The District shall respond to a request within five (5) business days of the receipt of a request. Should all or part of the request need to be denied, the District shall respond in the manner set forth by the rules and regulations stipulated by the Committee on Open Government.

A Records Access Officer shall be designated by the Superintendent, subject to the approval of the Board of Education, who shall have the duty of coordinating the School District's response to public request for access to records.

Regulations and procedures pertaining to accessing District records shall be as indicated in the School District Administrative Manual.

Requests for Records via E-mail

The District shall accept requests for records submitted in the form of electronic mail and respond to such requests by electronic mail using the forms supplied by the District. This information shall be posted on the District website, clearly designating the e-mail address for purposes of receiving requests for records via this format.

When the District maintains requested records electronically, the response shall inform the requester that the records are accessible via the internet and in printed form either on paper or other information storage medium. If the District has the capability to retrieve electronic records, it must provide such records electronically upon request.

Board of Education Meetings and Records 

District records subject to release under the FOIL, as well as any proposed rule, regulation, policy or amendment, that are on the Board agenda and scheduled to be discussed at a Board meeting, shall be made available upon request, to the extent practicable, prior to the meeting. Copies of such records may be made available for a reasonable fee. If the District maintains a regularly updated website and utilizes a high-speed internet connection, such records may be posted on the Website to the extent practicable, prior to the meeting. The District is not required to expend additional funds to provide such records.

 

Policy References

12/12/2007

3000 - COMMUNITY RELATIONS

3320 CONFIDENTIALITY OF COMPUTERIZED INFORMATION

Adoption Date: 06/12/2007

The development of centralized computer banks of educational data gives rise to the question of the maintenance of confidentiality of such data while still conforming to the New York State Freedom of Information Law. The safeguarding of confidential data from inappropriate use is essential to the success of the District's operation. Access to confidential computerized data shall be limited only to authorized personnel of the School District.

It shall be a violation of the District's policy to release confidential computerized data to any unauthorized person or agency. Any employee who releases or otherwise makes improper use of such computerized data shall be subject to disciplinary action.

However, if the computerized information sought is available under the Freedom of Information Law and can be retrieved by means of existing computer programs, the District is required to disclose such information.

Policy References

Family Educational Rights and Privacy Act of 1974
20 United States Code (USC) 1232(g)
34 Code of Federal Regulations (CFR) Part 99
Public Officers Law Section 84 et seq.

3000 - COMMUNITY RELATIONS

3410 CODE OF CONDUCT ON SCHOOL PROPERTY

Last Updated Date: 04/09/2024

Adoption Date: 6/12/2007

Revisions History: 7/6/2010, 06/14/2011, 07/02/2012, 07/30/2013, 11/05/2013

The District has developed and will amend, as appropriate, a written Code of Conduct for the maintenance of order on school property and at school functions. The Code will govern the conduct of students, teachers, and other school personnel, as well as visitors and vendors. The Board will further provide for the enforcement of this Code of Conduct.

For purposes of this policy, and the Code of Conduct, school property means in or within any building, structure, athletic playing field, playground, parking lot, or land contained within the real property boundary line of the District's elementary or secondary schools, or in or on a school bus; and a school function means a school-sponsored extracurricular event or activity regardless of where the event or activity takes place.

The District Code of Conduct has been developed in collaboration with student, teacher, administrator, and parent organizations, school safety personnel, and other school personnel.

The District Code of Conduct will be adopted by the Board only after at least one public hearing that provided for the participation of school personnel, parents or persons in parental relation, students, and any other interested parties.

The District Code of Conduct will be reviewed on an annual basis, and updated as necessary in accordance with law. The District may establish a committee to facilitate review of its Code of Conduct and the District's response to violations. The Board will reapprove any updated Code of Conduct or adopt revisions only after at least one public hearing that provides for the participation of school personnel, parents or persons in parental relation, students, and any other interested parties. The District will file a copy of its Code of Conduct and any amendments with the Commissioner, in a manner prescribed by the commissioner, no later than 30 days after their respective adoptions.

The Board will ensure community awareness of its Code of Conduct by:

a) Posting the complete Code of Conduct on the Internet website, if any, including any annual updates and other amendments to the Code;

b) Providing copies of a summary of the Code of Conduct to all students in an age-appropriate version, written in plain language, at a school assembly to be held at the beginning of each school year;

c) Providing a plain language summary of the Code of Conduct to all parents or persons in parental relation to students before the beginning of each school year and making the summary available thereafter upon request;

d) Providing each existing teacher with a copy of the complete Code of Conduct and a copy of any amendments as soon as practicable following initial adoption or amendment. New teachers will be provided a complete copy of the current Code of Conduct upon their employment; and 

e) Making complete copies available for review by students, parents, or persons in parental relation to students, other school staff, and other community members.

 

Education Law Article 2, Sections 801-a, 2801, and 3214

Family Court Act Articles 3 and 7

Vehicle and Traffic Law Section 142

8 NYCRR Section 100.2

NOTE:      Refer also to District Code of Conduct

Adopted: April 9, 2024

Policy References

Education Law Sections 11(8), 801-a, 2801 and 3214
Family Court Act Articles 3 and 7
Vehicle and Traffic Law Section 142
8 New York Code of Rules and Regulations (NYCRR)
Section 100.2

3000 - COMMUNITY RELATIONS

3411 WEAPONS ON SCHOOL GROUNDS

Last Updated Date: 6/10/2014

Adoption Date: 6/12/2007

Revisions History: 4/8/2014

Refer also to Policy #7360 - Weapons in School and the Gun-Free Schools Act

#3410 - Code of Conduct on School Property

#7313 - Suspension of Students

With the exception of law enforcement officers, as permitted by law, and individuals who have the express written permission of the Board of Education or its designee, no person may have in his/her possession any weapon on school grounds, in any District building, on a school bus or District vehicle, or at any school-sponsored activity or setting under the control and supervision of the District. This prohibition shall include, but not be limited to: any of the objects or instruments referred to in Section 265.01 of the New York State Penal Law; any air-gun, spring-gun or other instrument or weapon in which the propelling force is a spring, air, piston or CO2 cartridge; and any object that could be considered a reasonable facsimile of a weapon.

Policy References

4/8/2014

3000 - COMMUNITY RELATIONS

3412 ACTS OR THREATS OF VIOLENCE IN SCHOOL

Last Updated Date: 4/30/2010

Adoption Date: 6/12/2007

The Brighton Central School District is committed to the prevention of violence against any individual or property in the schools or at school activities whether such acts and/or threats of violence are made by students, staff, or others. Threats of violence against students, school personnel and/or school property will not be tolerated whether or not such threats occur on school grounds or during the school day.

While acknowledging an individual's constitutional rights, including free speech and applicable due process rights, the District refuses to condone acts and/or threats of violence which threaten the safety and well being of staff, students and the school environment. Employees and students shall refrain from engaging in physical actions or making threatening statements which create a hostile or threatening environment or a safety hazard for others.

Any acts and/or threats of violence, including bomb threats, whether made orally, in writing, or by electronic communication, shall be subject to appropriate disciplinary action in accordance with applicable law, District policies and regulations, as well as the District Code of Conduct on School Property and collective bargaining agreements, as applicable. When disciplining students, the District shall consider the age and capabilities of the child. All staff who are made aware of physical acts and/or threats of violence directed to students, staff, or school facilities are to report such incidents to the Building Principal/designee, who shall report such occurrences to the Superintendent. Additionally, the Building Principal/designee will also report occurrences of violence, whether involving an actual confrontation or threat of potential violence, to the student's parents/guardians, school psychologist and/or counselor and the Director for Pupil Personnel Services if applicable. Local law enforcement agencies may be called as necessary upon the determination of the Superintendent/designee.

Students are to report all acts and/or threats of violence, including threats of suicide, of which they are aware to a faculty member or the Building Principal.

The District reserves the right to seek restitution, in accordance with law, from the parent/guardian and/or student for any costs or damages which had been incurred by the District as a result of the threats or acts of violence in the schools.

Policy References

3000 - COMMUNITY RELATIONS

3413 TRESPASSING AND LOITERING

Last Updated Date: 4/30/2010

Adoption Date: 6/12/2007

Prohibition

No person may enter, remain or loiter in a school building or remain or loiter on school grounds unless that person:

a) Has written permission from the Building Principal, Assistant Principal, Superintendent or his/her designee, or

b) Is present by reason of a relationship involving custody of or responsibility for a student, or

c) Is present for a legitimate business or other purpose relating to the operation of the school, or

d) Is attending or participating in an authorized school function or activity, or is attending or participating in a function or activity permitted by the School District to take place on its

School Grounds

School grounds shall include all property owned by the School District and any property which the School District has the right to use.

Transportation Upon School Grounds

Loitering and remaining upon School District grounds also includes being present on school grounds while operating or riding in or on any form of motorized or non-motorized vehicle or other form of transportation. Motor vehicles not licensed for highway use are prohibited on school property.

Exclusions

This policy shall not apply to occasional recreational use of non-motorized forms of transportation during the normal daylight hours provided it does not interfere with the District's use of school property. However, skateboarding and stunt bicycling are not permitted on school property.

Violations

Violators may be prosecuted to the fullest extent of the law.

Policy References

 

3000 - COMMUNITY RELATIONS

3420 NON DISCRIMINATION AND ANTI-HARASSMENT IN THE SCHOOL DISTRICT

Last Updated Date: 11/09/2021

Adoption Date: 06/12/2007

NON-DISCRIMINATION AND ANTI-HARASSMENT IN THE DISTRICT

Overview

The District is committed to creating and maintaining an environment which is free from discrimination and harassment. This policy addresses complaints of discrimination and/or harassment made under applicable federal and state laws and regulations, as well as any applicable District policy, regulation, procedure, or other document such as the District's Code of Conduct. It is just one component of the District's overall commitment to maintaining a discrimination and harassment-free educational and work environment.

In accordance with applicable federal and state laws and regulations, the District does not discriminate on the basis of any legally protected class or category in its education programs and activities or when making employment decisions. Further, the District prohibits discrimination and harassment on school property and at school functions on the basis of any legally protected class including, but not limited to:

a)Race;

b)Color;

c)Religion;

d)Disability;

e)National origin;

f)Sexual orientation;

g)Gender identity or expression;

h)Military status;

i)Sex;

j)Age; and

k)Marital status.

The District adopts this policy as part of its effort to provide for the prompt and equitable resolution of complaints of discrimination and/or harassment. The District will promptly respond to reports of discrimination and/or harassment, ensure that all investigations are conducted within a reasonably prompt time frame and under a predictable fair grievance process that provides due process protections, and impose disciplinary measures and implement remedies when warranted.

Inquiries about this policy may be directed to the District's Civil Rights Compliance Officer(s) (CRCO(s)).

 

Scope and Application

This policy outlines the District's general approach to addressing complaints of discrimination and/or harassment. This policy applies to the dealings between or among the following parties on school property and at school functions:

a)Students;

b)Employees;

c)Applicants for employment;

d)Paid or unpaid interns;

e)Anyone who is (or is employed by) a contractor, subcontractor, vendor, consultant, or other person providing services pursuant to a contract in the workplace;

f)Volunteers; and

g)Visitors or other third parties.

Further, discrimination and/or harassment that occurs off school property and somewhere other than a school function can disrupt the District's educational and work environment. This conduct can occur in-person or through phone calls, texts, emails, or social media. Accordingly, conduct or incidents of discrimination and/or harassment that create or foreseeably create a disruption within the District may be subject to this policy in certain circumstances.

Other District policies and documents such as regulations, procedures, collective bargaining agreements, and the District's Code of Conduct may address misconduct related to discrimination and/or harassment and may provide for additional, different, or more specific grievance procedures depending on a number of factors including, but not limited to, who is involved, where the alleged discrimination and/or harassment occurred, and the basis of the alleged discrimination and/or harassment. These documents must be read in conjunction with this policy.

The dismissal of a complaint under one policy or document does not preclude action under another related District policy or document.

 

Definitions

For purposes of this policy, the following definitions apply:

a)"School property" means in or within any building, structure, athletic playing field, playground, parking lot, or land contained within the real property boundary line of any District elementary or secondary school, or in or on a school bus or District vehicle.

b)"School function" means a school-sponsored or school-authorized extracurricular event or activity regardless of where the event or activity takes place, including any event or activity that may take place virtually or in another state.

 

What Constitutes Discrimination and Harassment

Determinations as to whether conduct or an incident constitutes discrimination and/or harassment will be made consistent with applicable federal and state laws and regulations, as well as any applicable District policy, regulation, procedure, or other document such as the District's Code of Conduct. These determinations may depend upon a number of factors, including, but not limited to: the particular conduct or incident at issue; the ages of the parties involved; the context in which the conduct or incident took place; the relationship of the parties to one another; the relationship of the parties to the District; and the protected class or characteristic that is alleged to have been the basis for the conduct or incident. The examples below are intended to serve as a general guide for individuals in determining what may constitute discrimination and/or harassment. These examples should not be construed to add or limit the rights that individuals and entities possess as a matter of law.

Generally stated, discrimination consists of the differential treatment of a person or group of people on the basis of their membership in a legally protected class. Discriminatory actions may include, but are not limited to refusing to promote or hire an individual on the basis of his or her membership in a protected class; denying an individual access to facilities or educational benefits on the basis of his or her membership in a protected class; or impermissibly instituting policies or practices that disproportionately and adversely impact members of a protected class.

Generally stated, harassment consists of subjecting an individual, on the basis of his or her membership in a legally protected class, to unwelcome verbal, written, or physical conduct which may include, but is not limited to: derogatory remarks, signs, jokes, or pranks; demeaning comments or behavior; slurs; mimicking; name calling; graffiti; innuendo; gestures; physical contact; stalking; threatening; bullying; extorting; or the display or circulation of written materials or pictures.

This conduct may, among other things, have the purpose or effect of: subjecting the individual to inferior terms, conditions, or privileges of employment; creating an intimidating, hostile, or offensive environment; substantially or unreasonably interfering with an individual's work or a student's educational performance, opportunities, benefits, or well-being; or otherwise adversely affecting an individual's employment or educational opportunities. Petty slights or trivial inconveniences generally do not constitute harassing conduct.

 

Civil Rights Compliance Officer

*The District has designated the following District employee(s) to serve as its CRCO(s):

Louis Alaimo, Assistant Superintendent for Administration

Lisa Hartman, Director of Human Resources

The CRCO(s) will coordinate the District's efforts to comply with its responsibilities under applicable non-discrimination and anti-harassment laws and regulations including, but not limited to: the Americans with Disabilities Act of 1990, Section 504 of the Rehabilitation Act of 1973, Title VI of the Civil Rights Act of 1964, and the Age Discrimination Act of 1975.

Where appropriate, the CRCO(s) may seek the assistance of other District employees, such as the District's Title IX Coordinator(s) or Dignity Act Coordinator(s) (DAC(s)), or third parties in investigating, responding to, and remedying complaints of discrimination and/or harassment.

 

Reporting Allegations of Discrimination and/or Harassment

Any person may report discrimination and/or harassment regardless of whether they are the alleged victim or not. Reports may be made in person, by using the contact information for the CRCO, or by any other means that results in the CRCO receiving the person's oral or written report. This report may be made at any time (including during non-business hours) by using the telephone number or email address, or by mail to the office address, listed for the CRCO.

Reports of discrimination and/or harassment may also be made to any other District employee including a supervisor or building principal. All reports of discrimination and/or harassment will be immediately forwarded to the CRCO. Reports may also be forwarded to other District employees depending on the allegations.

All District employees who witness or receive an oral or written report of discrimination and/or harassment must immediately inform the CRCO. Failure to immediately inform the CRCO may subject the employee to discipline up to and including termination.

In addition to complying with this policy, District employees must comply with any other applicable District policy, regulation, procedure, collective bargaining agreement, or other document such as the District's Code of Conduct. Applicable documents include, but are not limited to, the District's policies, regulations, and procedures related to Title IX, sexual harassment in the workplace, and the Dignity for All Students Act (DASA).

If the CRCO is unavailable, including due to a conflict of interest or other disqualifying reason, the report will be directed to another CRCO, if the District has designated another individual to serve in that capacity. If the District has not designated another CRCO, the Superintendent will ensure that another person with the appropriate training and qualifications is appointed to act as the CRCO.

 

Grievance Process for Complaints of Discrimination and/or Harassment

The District will act to promptly, thoroughly, and equitably investigate all complaints, whether oral or written, of discrimination and/or harassment based on any legally protected class and will promptly take appropriate action to protect individuals from further discrimination and/or harassment. The CRCO will oversee the District's investigation of all complaints of discrimination and/or harassment. In the event an anonymous complaint is filed, the District will respond to the extent possible. 

If an investigation reveals that discrimination and/or harassment based on a legally protected class has occurred, the District will take immediate corrective action as warranted. This action will be taken in accordance with applicable federal and state laws and regulations, as well as any applicable District policy, regulation, procedure, collective bargaining agreement, third-party contract, or other document such as the District's Code of Conduct.

 

Knowingly Makes False Accusations

Any employee or student who knowingly makes false accusations against another individual as to allegations of discrimination and/or harassment will face appropriate disciplinary action.

 

Prohibition of Retaliatory Behavior (Commonly Known as "Whistle-Blower" Protection)

The District prohibits retaliation against any individual because the individual made a report or complaint, testified, assisted, or participated or refused to participate in an investigation, proceeding, or hearing related to a complaint of discrimination and/or harassment.

Complaints of retaliation may be directed to the CRCO. If the CRCO is unavailable, including due to a conflict of interest or other disqualifying reason, the report will be directed to another CRCO, if the District has designated another individual to serve in that capacity. If the District has not designated another CRCO, the Superintendent will ensure that another person with the appropriate training and qualifications is appointed to act as the CRCO.

Where appropriate, follow-up inquiries will be made to ensure that the discrimination and/or harassment has not resumed and that those involved in the investigation have not suffered retaliation.

 

Confidentiality

To the extent possible, all complaints will be treated as confidential. Disclosure may be necessary in certain circumstances such as to complete a thorough investigation and/or notify law enforcement officials. All disclosures will be in accordance with law and regulation.

 

Training

In order to promote familiarity with issues pertaining to discrimination and harassment in the District, and to help reduce incidents of prohibited conduct, the District will provide appropriate information and/or training to employees and students. As may be necessary, special training will be provided for individuals involved in the handling of discrimination and/or harassment complaints.

 

Notification

Prior to the beginning of each school year, the District will issue an appropriate public announcement or publication which advises students, parents or legal guardians, employees, and other relevant individuals of the District's established grievance process for resolving complaints of discrimination and/or harassment. This announcement or publication will include the name, office address, telephone number, and email address of the CRCO(s). The District's website will reflect current and complete contact information for the CRCO(s).

A copy of this policy and its corresponding regulations and/or procedures will be available upon request and will be posted and/or published in appropriate locations and/or District publications.

 

Additional Provisions

Regulations and/or procedures will be developed for reporting, investigating, and remedying allegations of discrimination and/or harassment.

 

42 USC § 1324b

Age Discrimination Act of 1975, 42 USC § 6101 et seq.

Age Discrimination in Employment Act of 1967 (ADEA), 29 USC § 621 et seq.

Americans with Disabilities Act (ADA), 42 USC § 12101 et seq.

Equal Educational Opportunities Act of 1974, 20 USC § 1701 et seq.

Genetic Information Non-Discrimination Act (GINA), 42 USC § 2000ff et seq.

National Labor Relations Act (NLRA), 29 USC § 151 et seq.

Section 504 of the Rehabilitation Act of 1973, 29 USC § 790 et seq.

Title IV of the Civil Rights Act of 1964, 42 USC § 2000c et seq.

Title VI of the Civil Rights Act of 1964, 42 USC § 2000d et seq.

Title VII of the Civil Rights Act of 1964, 42 USC § 2000e et seq.

Title IX, 20 USC § 1681 et seq.

USERRA, 38 USC § 4301 et seq.

28 CFR Part 35

29 CFR Chapter I – National Labor Relations Board

29 CFR Chapter XIV – Equal Employment Opportunity Commission

34 CFR Parts 100, 104, 106, 110, and 270

Civil Rights Law §§ 40, 40-c, 47-a, 47-b, 48-a, and 115

Correction Law § 752

Education Law §§ 10-18, 313, 313-a, 2801, 3201, and 3201-a

Labor Law §§ 194-a, 201-d, 201-g, 203-e, 206-c, 215

New York State Human Rights Law, Executive Law § 290 et seq.

Military Law §§ 242, 243, and 318

8 NYCRR § 100.2

9 NYCRR § 466 et seq.

 

NOTE:Refer also to Policies #3421 -- Title IX and Sex Discrimination

 #6120 -- Equal Employment Opportunity

 #6121 -- Sexual Harassment in the Workplace

 #6122 -- Employee Grievances

 #7550 -- Dignity for All Students

 #7551 -- Sexual Harassment of Students

 #8130 -- Equal Educational Opportunities

 District Code of Conduct

 

Adoption Date: Nov. 9, 2021

Policy References

Age Discrimination in Employment Act, 29 United States Code (USC) Section 621
Americans With Disabilities Act, 42 United States Code (USC) Section 12101 et seq. Prohibits discrimination on the basis of disability.
Section 504 of the Rehabilitation Act of 1973, 29 United States Code (USC) Section 794 et seq. Prohibits discrimination on the basis of disability.
Title VI of the Civil Rights Act of 1964, 42 United States Code (USC) Section 2000d et seq. Prohibits discrimination on the basis of race, color or national origin.
Title VII of the Civil Rights Act of 1964, 42 United States Code (USC) Section 2000e et seq. Prohibits discrimination on the basis of race, color, religion, sex or national origin.
Title IX of the Education Amendments of 1972, 20 United States Code (USC) Section 1681 et seq. Prohibits discrimination on the basis of sex.
Education Law Section 2801(1)
Executive Law Section 290 et seq. Prohibits discrimination on the basis of age, race, creed, color, national origin, sex, sexual orientation, disability, military status, marital status, or use of a recognized guide dog, hearing dog or service dog, or domestic violence victim status.

3000 - COMMUNITY RELATIONS

3421 TITLE IX AND SEX DISCRIMINATION

 

Overview

 

         The District is committed to creating and maintaining an environment which is free from discrimination and harassment. This policy addresses complaints of sex discrimination, including sexual harassment, made under Title IX of the Education Amendments Act of 1972 and its implementing regulations (Title IX). It is just one component of the District's overall commitment to maintaining a discrimination and harassment-free educational and work environment.

 

         The District does not discriminate on the basis of sex and prohibits sex discrimination in any education program or activity that it operates, as required by Title IX, including in employment. The District adopts this policy as part of its effort to provide for the prompt and equitable resolution of complaints of sex discrimination, including sexual harassment, made by students, employees, the District's Title IX Coordinator, or other individuals who are participating or attempting to participate in the District's education program or activity.

 

         Inquiries about Title IX may be directed to the District's Title IX Coordinator, the United States Department of Education's Office for Civil Rights, or both.

 

Relationship to Other District Documents 

 

         In addition to complying with this policy, District employees must comply with any other applicable District policy, procedure, collective bargaining agreement, or other document such as the District's Code of Conduct. This includes, but is not limited to, the District's Dignity for All Students (DASA) policy which requires District employees to make an oral report promptly to the Superintendent or principal, their designee, or a Dignity Act Coordinator (DAC) not later than one school day after witnessing or receiving an oral or written report of harassment, bullying, and/or discrimination of a student. Two days after making the oral report, DASA further requires that the District employee file a written report with the Superintendent or principal, their designee, or a DAC.

 

         The dismissal of a complaint of sex discrimination under Title IX does not preclude action under another related District policy, procedure, collective bargaining agreement, or other document such as the District's Code of Conduct.

 

Definitions

 

         For purposes of this policy, the following definitions apply:

 

a)      "Complainant" means:

 

1.        A student or employee who is alleged to have been subjected to conduct that could constitute sex discrimination under Title IX; or

 

 

2.        A person other than a student or employee who is alleged to have been subjected to conduct that could constitute sex discrimination under Title IX and who was participating or attempting to participate in the District's education program or activity at the time of the alleged sex discrimination.

 

b)      "Complaint" means an oral or written request to the District that objectively can be understood as a request for the District to investigate and make a determination about alleged discrimination under Title IX.

 

c)      "Confidential employee" means:

 

1.      An employee of the District whose communications are privileged or confidential under federal or state law. The employee's confidential status is only with respect to information received while the employee is functioning within the scope of their duties to which privilege or confidentiality applies; or

 

2.      An employee of the District whom the District has designated as confidential for the purpose of providing services to persons related to sex discrimination. If the employee also has a duty not associated with providing those services, the employee's confidential status is only with respect to information received about sex discrimination in connection with providing those services.

 

d)      "Disciplinary sanctions" means consequences imposed on a respondent following a determination under Title IX that the respondent violated the District's prohibition on sex discrimination.

 

e)      "Party" means a complainant or respondent.

 

f)      "Peer retaliation" means retaliation by a student against another student.

 

g)      "Pregnancy or related conditions" means:

 

1.      Pregnancy, childbirth, termination of pregnancy, or lactation;

 

2.      Medical conditions related to pregnancy, childbirth, termination of pregnancy, or lactation; or

 

3.      Recovery from pregnancy, childbirth, termination of pregnancy, lactation, or related medical conditions.

 

 

h)      "Relevant" means related to the allegations of sex discrimination under investigation as part of the grievance procedures. Questions are relevant when they seek evidence that may aid in showing whether the alleged sex discrimination occurred, and evidence is relevant when it may aid a decisionmaker in determining whether the alleged sex discrimination occurred.

 

i)       "Remedies" means measures provided, as appropriate, to a complainant or any other person the District identifies as having had their equal access to the District's education program or activity limited or denied by sex discrimination. These measures are provided to restore or preserve that person's access to the District's education program or activity after the District determines that sex discrimination occurred.

 

j)         "Respondent" means a person who is alleged to have violated the District's prohibition on sex discrimination.

 

k)        "Retaliation" means intimidation, threats, coercion, or discrimination against any person by the District, a student, an employee or other person authorized by the District to provide aid, benefit, or service under the District's education program or activity, for the purpose of interfering with any right or privilege secured by Title IX, or because the person has reported information, made a complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing -- including in an informal resolution process, grievance procedures, and in any other actions taken by the District under Title IX. This does not preclude the District from requiring an employee or other person authorized by the District to provide aid, benefit, or service under the District's education program or activity to participate as a witness in, or otherwise assist with, an investigation, proceeding, or hearing.

 

l)       "Supportive measures" means individualized measures offered as appropriate, as reasonably available, without unreasonably burdening a complainant or respondent, not for punitive or disciplinary reasons, and without fee or charge to the complainant or respondent to:

 

1.      Restore or preserve that party's access to the District's education program or activity, including measures that are designed to protect the safety of the parties or the District's educational environment; or

 

2.      Provide support during the District's grievance procedures or during the informal resolution process.

 

What Constitutes Sex Discrimination under Title IX

 

         Discrimination on the basis of sex includes discrimination on the basis of sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity.

 

Sex-based harassment is a form of sex discrimination and means sexual harassment and other harassment on the basis of sex (including on the basis of sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity), that is:

 

a)      Quid pro quo harassment which is an employee, agent, or other person authorized by the District to provide an aid, benefit, or service under the District's education program or activity explicitly or impliedly conditioning the provision of such an aid, benefit, or service on a person's participation in unwelcome sexual conduct;

 

b)      Hostile environment harassment which is unwelcome sex-based conduct that, based on the totality of the circumstances, is subjectively and objectively offensive and is so severe or pervasive that it limits or denies a person's ability to participate in or benefit from the District's education program or activity (i.e., creates a hostile environment). Whether a hostile environment has been created is a fact-specific inquiry that includes consideration of the following:

 

1.      The degree to which the conduct affected the complainant's ability to access the District's education program or activity;

 

2.      The type, frequency, and duration of the conduct;

 

3.      The parties' ages, roles within the District's education program or activity, previous interactions, and other factors about each party that may be relevant to evaluating the effects of the conduct;

 

4.      The location of the conduct and the context in which the conduct occurred; and

 

5.      Other sex-based harassment in the District's education program or activity; or

 

c)      Specific offenses:

 

1.      Sexual assault meaning an offense classified as a forcible or nonforcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation;

 

2.      Dating violence meaning violence committed by a person:

 

(a)     Who is or has been in a social relationship of a romantic or intimate nature with the victim; and

 

(b)     Where the existence of such a relationship will be determined based on a consideration of the following factors:

 

 

(1)     The length of the relationship;

 

(2)     The type of relationship; and

 

(3)     The frequency of interaction between the persons involved in the relationship;

 

3.      Domestic violence meaning felony or misdemeanor crimes committed by a person who:

 

(a)     Is a current or former spouse or intimate partner of the victim under the family or domestic violence laws of the jurisdiction of the District, or a person similarly situated to a spouse of the victim;

 

(b)     Is cohabitating, or has cohabitated, with the victim as a spouse or intimate partner;

 

(c)     Shares a child in common with the victim; or

 

(d)    Commits acts against a youth or adult victim who is protected from those acts under the family or domestic violence laws of the jurisdiction; or

 

4.      Stalking meaning engaging in a course of conduct directed at a specific person that would cause a reasonable person to:

 

(a)     Fear for the person's safety or the safety of others; or

 

(b)     Suffer substantial emotional distress.

 

Title IX Coordinators

 

The District has designated and authorized the following District employees to serve as its Title IX Coordinators:

 

Louis Alaimo, Deputy Superintendent

2035 Monroe Avenue

Rochester, NY 14618

Lou_Alaimo@bcsd.org

585-242-5200

 

Deanna Spagnola, Assistant Superintendent for Student Support Services

2035 Monroe Avenue

Rochester, NY 14618

Deanna_Spagnoloa@bcsd.org

585-242-5200

 

           

         As required by Title IX, the District has designated the Title IX Coordinator to retain ultimate oversight over the District's effort to comply with its responsibilities under Title IX and ensure the District's consistent compliance with its responsibilities under Title IX

 

         The District may delegate, or permit the Title IX Coordinators to delegate, specific duties to one or more designees.

 

         Where appropriate, a Title IX Coordinator may seek the assistance of the District's Civil Rights Compliance Officer(s) (CRCO(s)) and/or Dignity for All Students Act (DASA) coordinators in investigating, responding to, and remedying complaints of sex discrimination, including sexual harassment.

 

Grievance Procedures for Complaints of Sex Discrimination

 

         The District has adopted grievance procedures that provide for the prompt and equitable resolution of complaints made by students, employees, or other individuals who are participating or attempting to participate in its education program or activity, or by the Title IX Coordinator, alleging any action that would be prohibited by Title IX.

 

All District employees, who are not confidential employees, are required to notify the Title IX Coordinator when they have information about conduct that reasonably may constitute sex discrimination under Title IX.

 

Making a Complaint of Sex Discrimination

 

         The following people have a right to make a complaint of sex discrimination, including complaints of sex-based harassment, requesting that the District investigate and make a determination about alleged discrimination under Title IX:

 

a)      A complainant;

 

b)      A parent, guardian, or other authorized legal representative with the legal right to act on behalf of a complainant; or

 

c)      The Title IX Coordinator, after making a determination;

 

         A person is entitled to make a complaint of sex-based harassment only if they themselves are alleged to have been subjected to the sex-based harassment, if they have a legal right to act on behalf of the person subjected to the sex-based harassment, or if the Title IX Coordinator initiates a complaint consistent with Title IX.

          

 

         With respect to complaints of sex discrimination other than sex-based harassment, the following individuals have a right to make a complaint:

 

a)      Any District student or employee; or

 

b)      Any person other than a student or employee who was participating or attempting to participate in the District's education program or activity at the time of the alleged sex discrimination.

 

         If the Title IX Coordinator is initiating a complaint, they will notify the complainant prior to doing so and appropriately address reasonable concerns about the complainant's safety or the safety of others, including by providing supportive measures.

 

         The District may consolidate complaints of sex discrimination against more than one respondent, or by more than one complainant against one or more respondents, or by one party against another party, when the allegations of sex discrimination arise out of the same facts or circumstances. When more than one complainant or more than one respondent is involved, references below to a party, complainant, or respondent include the plural, as applicable.

 

It is anticipated that, in most cases, the District will decide to dismiss or investigate a complaint within ten (10) business days after receiving a complaint.

 

         If a complainant or respondent is a student with a disability, the Title IX Coordinator must consult with one or more members, as appropriate, of the student's Individualized Education Program (IEP) team, if any, or one or more members, as appropriate, of the group of persons responsible for the student's placement decision, if any, to determine how to comply with the requirements of the Individuals with Disabilities Education Act and Section 504 of the Rehabilitation Act, throughout the District's implementation of grievance procedures.

 

Basic Requirements of Title IX Grievance Procedures

 

a)      The District will treat complainants and respondents equitably;

 

b)      The District requires that any Title IX Coordinator, investigator, or decisionmaker not have a conflict of interest or bias for or against complainants or respondents generally or an individual complainant or respondent. A decisionmaker may be the same person as the Title IX Coordinator or investigator.

 

 

c)      The District presumes that the respondent is not responsible for the alleged sex discrimination until a determination is made at the conclusion of its grievance procedures.

 

d)      The District has established timeframes for the major stages of the grievance procedures, including, for example, the decision whether to dismiss or investigate a complaint (i.e., evaluation), investigation, determination, and appeal, if any.

 

e)      The District has established a process that allows for the reasonable extension of timeframes on a case-by-case basis for good cause with notice to the parties that includes the reason for the delay.

 

f)      The District will take reasonable steps to protect the privacy of the parties and witnesses during its grievance procedures. These steps will not restrict the ability of the parties to obtain and present evidence, including by speaking to witnesses; consult with their family members, confidential resources, or advisors; or otherwise prepare for or participate in the grievance procedures. The parties cannot engage in retaliation, including against witnesses.

 

g)      The District will objectively evaluate all evidence that is relevant and not otherwise impermissible -- including both inculpatory and exculpatory evidence. Inculpatory evidence implicates or tends to implicate an individual in a crime or wrongdoing. Exculpatory evidence frees or tends to free an individual from blame or accusation. Credibility determinations will not be based on a person's status as a complainant, respondent, or witness.

 

The following types of evidence, and questions seeking that evidence, are impermissible (i.e., will not be accessed or considered, except by the District to determine whether one of the exceptions listed below applies; will not be disclosed; and will not otherwise be used), regardless of whether they are relevant:

 

1.      Evidence that is protected under a privilege recognized by federal or state law or evidence provided to a confidential employee, unless the person to whom the privilege or confidentiality is owed has voluntarily waived the privilege or confidentiality;

 

2.      A party's or witness's records that are made or maintained by a physician, psychologist, or other recognized professional or paraprofessional in connection with the provision of treatment to the party or witness, unless the District obtains that party's or witness's voluntary, written consent for use in its grievance procedures; and

 

3.      Evidence that relates to the complainant's sexual interests or prior sexual conduct, unless evidence about the complainant's prior sexual conduct is offered to prove that someone other than the respondent committed the alleged conduct or is evidence about specific incidents of the complainant's prior sexual conduct with the respondent that is offered to prove consent to the alleged sex-based harassment. The fact of prior consensual sexual conduct between the complainant and respondent does not by itself demonstrate or imply the complainant's consent to the alleged sex-based harassment or preclude determination that sex-based harassment occurred.

 

         h)      If the District adopts grievance procedures that apply to the resolution of some, but not all, complaints of sex discrimination, the District will articulate in those grievance procedures consistent principles for how the District will determine which procedures apply.

 

Dismissal of a Complaint

 

         The District may dismiss a complaint of sex discrimination if: 

 

a)      The District is unable to identify the respondent after taking reasonable steps to do so;

 

b)      The respondent is not participating in the District's education program or activity and is not employed by the District;

 

c)      The complainant voluntarily withdraws any or all of the allegations in the complaint, the Title IX Coordinator declines to initiate a complaint, and the District determines that, without the complainant's withdrawn allegations, the conduct that remains alleged in the complaint, if any, would not constitute sex discrimination under Title IX even if proven; or

 

d)      The District determines the conduct alleged in the complaint, even if proven, would not constitute sex discrimination under Title IX. Before dismissing the complaint, the District will make reasonable efforts to clarify the allegations with the complainant.

 

         Upon dismissal, the District will promptly notify the complainant of the basis for the dismissal. If the dismissal occurs after the respondent has been notified of the allegations, then the District will also notify the respondent of the dismissal and the basis for the dismissal promptly following notification to the complainant, or simultaneously if notification is in writing.

 

         The District will notify the complainant that a dismissal may be appealed and will provide the complainant with an opportunity to appeal the dismissal of a complaint. If the dismissal occurs after the respondent has been notified of the allegations, then the District will also notify the respondent that the dismissal may be appealed.

 

When a complaint is dismissed, the District will, at a minimum:

 

a)      Offer supportive measures to the complainant as appropriate;

 

b)      If the respondent has been notified of the allegations, offer supportive measures to the respondent as appropriate; and

 

c)      Take other prompt and effective steps, as appropriate, through the Title IX Coordinator to ensure that sex discrimination does not continue or recur within the District's education program or activity.

 

Appeals of Dismissals

 

         Appeals must be submitted in writing to the Title IX Coordinator within  thirty (30) days of the notice of the dismissal. Dismissals may be appealed on the following bases:

 

a)      Procedural irregularity that would change the outcome;

 

b)      New evidence that would change the outcome and that was not reasonably available when the dismissal was made; and

 

c)      The Title IX Coordinator, investigator, or decisionmaker had a conflict of interest or bias for or against complainants or respondents generally or the individual complainant or respondent that would change the outcome. 

 

 

If the dismissal is appealed, the District will: 

 

a)      Notify the parties of any appeal, including notice of the allegations, if notice was not previously provided to the respondent;

 

b)      Implement appeal procedures equally for the parties;

 

c)      Ensure that the decisionmaker for the appeal did not take part in an investigation of the allegations or dismissal of the complaint;

 

d)      Ensure that the decisionmaker for the appeal has been appropriately trained;

 

e)      Provide the parties a reasonable and equal opportunity to make a statement in support of, or challenging, the outcome; and

 

f)      Notify the parties of the result of the appeal and the rationale for the result.

 

It is anticipated that the notice of the result of the appeal will be issued within thirty (30) days after the appeal is commenced.

 

Notice of Allegations

 

         Upon initiation of the District's Title IX grievance procedures, the Title IX Coordinator will notify the parties, whose identities are known, of the following:

 

a)      The District's Title IX grievance procedures and any informal resolution process;

 

b)      Sufficient information available at the time to allow the parties to respond to the allegations, including the identities of the parties involved in the incident(s), the conduct alleged to constitute sex discrimination, and the date(s) and location(s) of the alleged incident(s), to the extent that information is available to the District; 

 

c)      Retaliation is prohibited; and

 

d)      The parties are entitled to an equal opportunity to access the relevant and not otherwise impermissible evidence or an accurate description of this evidence.

 

If the District provides a description of the evidence, the parties are entitled to an equal opportunity to access the relevant and not otherwise impermissible evidence upon the request of any party.

 

            If, in the course of an investigation, the District decides to investigate additional allegations of sex discrimination by the respondent toward the complainant that are not included in the notice provided or that are included in a complaint that is consolidated, the District will notify the parties, whose identities are known, of the additional allegations.

 

Investigation

 

         The District will designate an investigator. The investigator may be the Title IX Coordinator or another District employee. The District may also outsource all or part of an investigation to appropriate third parties.

 

         The District will provide for adequate, reliable, and impartial investigation of complaints. The District will provide an equal opportunity for the parties to present fact witnesses and other inculpatory and exculpatory evidence that are relevant and not otherwise impermissible. The burden is on the District -- not on the parties -- to conduct an investigation that gathers sufficient evidence to determine whether sex discrimination occurred.

 

         The District will review all evidence gathered through the investigation and determine what evidence is relevant and what evidence is impermissible regardless of relevance. The District will provide each party with an equal opportunity to access the evidence that is relevant to the allegations of sex discrimination and not otherwise impermissible, in the following manner:

 

a)      The District will provide an equal opportunity to access either the relevant and not otherwise impermissible evidence or an accurate description of this evidence. If the District provides a description of the evidence, the District will provide the parties with an equal opportunity to access the relevant and not otherwise impermissible evidence upon the request of any party; 

 

b)      The District will provide a reasonable opportunity to respond to the evidence or the accurate description of the evidence; and

 

c)      The District will take reasonable steps to prevent and address the parties' unauthorized disclosure of information and evidence obtained solely through the grievance procedures. Disclosures of this information and evidence for purposes of administrative proceedings or litigation related to the complaint of sex discrimination are authorized.

 

            It is anticipated that most investigations will be completed within sixty (60) to ninety (90) days after receiving a complaint depending on the circumstances.  The investigating officer may determine that an extension may be necessary.  Should an extension be required, the investigating officer will notify all parties in writing.

 

 

Questioning the Parties and Witnesses

 

         The District has established a process that enables the decisionmaker to question parties and witnesses to adequately assess a party's or witness's credibility to the extent credibility is both in dispute and relevant to evaluating one or more allegations of sex discrimination.    

The process for proposing and asking relevant and not otherwise impermissible questions and follow-up questions of parties and witnesses, including questions challenging credibility, includes:

 

a)      Allowing the investigator or decisionmaker to ask these questions during individual meetings with a party or witness;

 

b)      Allowing each party to propose questions that the party wants asked of any party or witness and have those questions asked by the investigator or decisionmaker during one or more individual meetings, including follow-up meetings, with a party or witness; and

 

c)      Provide each party with an audio or audiovisual recording or transcript with enough time for the party to have a reasonable opportunity to propose follow-up questions.

 

Determination Whether Sex Discrimination Occurred

 

         The District will designate a decisionmaker. After an investigation and evaluation of all relevant and not otherwise impermissible evidence, the District will:

 

1. Use the preponderance of the evidence standard of proof, which is understood to mean that the party with the burden of persuasion must prove that a proposition is more probably true than false meaning a probability of truth greater than 50 %, to determine whether sex discrimination occurred.

 

2. The standard of proof requires the decision maker to evaluate relevant and not otherwise impermissible evidence for its persuasiveness. If the decisionmaker is not persuaded under the applicable standard by the evidence that sex discrimination occurred, whatever the quantity of the evidence is, the decisionmaker will not determine that sex discrimination occurred.

 

 

c)      Notify the parties in writing of the determination whether sex discrimination occurred under Title IX, including the rationale for the determination, and the procedures and permissible bases for the complainant and respondent to appeal, if applicable. It is anticipated that the notice of determination will be issued within ten (10) business days after the conclusion of the investigation.

        

d)      Not impose discipline on a respondent for sex discrimination prohibited by Title IX unless there is a determination at the conclusion of the grievance procedures that the respondent engaged in prohibited sex discrimination.

 

e)      If there is a determination that sex discrimination occurred, require the Title IX Coordinator to, as appropriate:

 

1.      Coordinate the provision and implementation of remedies to a complainant and other people the District identifies as having had equal access to the District's education program or activity limited or denied by sex discrimination;

 

2.      Coordinate the imposition of any disciplinary sanctions on a respondent, including notification to the complainant of any disciplinary sanctions; and

 

3.      Take other appropriate prompt and effective steps to ensure that sex discrimination does not continue or recur within the District's education program or activity. 

 

f)      Comply with the grievance procedures before imposing any disciplinary sanctions against a respondent.

 

g)      Not discipline a party, witness, or others participating in the District’s grievance procedures for making a false statement or for engaging in consensual sexual conduct based solely on the determination whether sex discrimination occurred.

 

Appeal of Determinations

 

Either party may appeal a determination whether sex discrimination occurred. This appeal process, at a minimum, is the same as the District offers in all other comparable proceedings, including proceedings relating to other discrimination complaints. 

 

 

            Appeals must be submitted in writing to the Title IX Coordinator within 30 days of the notice of the determination. Determinations may be appealed on the following bases:

 

a)      Procedural irregularity that would change the outcome;

 

b)      New evidence that would change the outcome and that was not reasonably available when the determination whether sex-based harassment occurred or dismissal was made; and

 

c)      The Title IX Coordinator, investigator, or decisionmaker had a conflict of interest or bias for or against complainants or respondents generally or the individual complainant or respondent that would change the outcome.

 

         The bases on which a party is seeking an appeal should be specifically stated in the party's written appeal.

 

If the determination is appealed, the District will: 

 

a)      Notify the parties of any appeal;

 

b)      Implement appeal procedures equally for the parties;

 

c)      Ensure that the decisionmaker for the appeal did not take part in an investigation of the allegations;

 

d)      Ensure that the decisionmaker for the appeal has been appropriately trained;

                                                                                     

e)      Provide the parties a reasonable and equal opportunity to make a statement in support of, or challenging, the outcome; and

 

f)      Notify the parties of the result of the appeal and the rationale for the result.

 

It is anticipated that the notice of the result of the appeal will be issued within thirty (30) days after the appeal is commenced.

 

 

Informal Resolution

 

At any time prior to determining whether sex discrimination occurred, the District may offer to a complainant and respondent an informal resolution process. The District will not offer an informal resolution process to resolve a complaint that includes allegations that an employee engaged in sex-based harassment of a student or when the process would conflict with federal, state, or local law.

 

The District has the discretion to determine whether it is appropriate to offer an informal resolution process when it receives information about conduct that reasonably may constitute sex discrimination under Title IX or when a complaint of sex discrimination is made, and may decline to offer informal resolution despite one or more of the parties' wishes. The District will not require or pressure parties to participate in an informal resolution process.

 

If available, appropriate, and requested by all parties, the Title IX Coordinator will initiate the informal resolution process.

 

When the District provides the parties an informal resolution process, it will, to the extent necessary, require its Title IX Coordinator to take other appropriate prompt and effective steps to ensure that sex discrimination does not continue or recur within the District's education program or activity.

 

Supportive Measures

 

The Title IX Coordinator will offer and coordinate supportive measures as appropriate for the complainant and/or respondent to restore or preserve that person's access to the District's education program or activity or provide support during the District's Title IX grievance procedures or during the informal resolution process.

 

Supportive measures may vary depending on what the District deems to be reasonably available. For complaints of sex-based harassment, these measures may include, but are not limited to: counseling; extensions of deadlines and other course-related adjustments; increased security and monitoring of certain areas of the District; restrictions on contact applied to one or more parties; leaves of absence; changes in class, work, or extracurricular or any other activity, regardless of whether there is or is not a comparable alternative; and training and education programs related to sex-based harassment.

 

Disciplinary Sanctions and Remedies

 

After a determination that sex-based harassment occurred, the District may impose disciplinary sanctions on a respondent. Disciplinary sanctions will be imposed in accordance with any applicable District policy, procedure, handbook, or Code of Conduct.

 

         Disciplinary sanctions that may be imposed on a District employee include, but are not limited to: a verbal warning; a written warning included in a counseling memorandum; required training; demotion; suspension; and termination.

 

         Disciplinary sanctions that may be imposed on a District student include, but are not limited to: a verbal warning; writing assignments; changing of seating or location in a classroom; detention; removal from extracurricular activities, including athletics; suspension; and expulsion.

 

After a determination that sex-based harassment occurred, the District may provide remedies to the complainant and other persons identified as having had equal access to the District's education program or activity limited or denied by sex discrimination.

 

         Since remedies are generally designed to restore or preserve access to the District's education program or activity for a particular person, they will generally be individualized and highly fact-specific.

        

         Examples of remedies that may be provided to a District employee include, but are not limited to: making changes to work locations; and providing counseling.

 

         Examples of remedies that may be provided to a District student include, but are not limited to: ensuring safe movement between classes; making changes to class schedules and extracurricular activities to ensure the complainant and respondent are separated; and providing counseling.

 

Extension of Timeframes

 

Reasonable extensions of timeframes are allowed on a case-by-case basis for good cause with written notice of any extension to the parties that includes the reason for the delay.

 

The Title IX Coordinator will evaluate any requests for a reasonable extension of timeframes on a case-by-case basis. If good cause for the extension is found, the Title IX Coordinator will provide written notice to all parties, including the reason for the delay and the new anticipated timeframe. In instances where the Title IX Coordinator is the individual requesting an extension, the Superintendent or designee will evaluate the request to determine if good cause exists.

 

 

 

 

 

 

Training

 

         The District will ensure that all individuals within the District receive the appropriate Title IX training promptly upon hiring or when their position changes in a way that affects their Title IX responsibilities, with training also provided annually thereafter. This training will not rely on sex stereotypes.

 

The District will provide training as follows:

 

a)      All employees will be trained on:

 

1.      The District's obligation to address sex discrimination in its education program or activity;

 

2.      The scope of conduct that constitutes sex discrimination under Title IX, including the definition of sex-based harassment; and

 

3.      All applicable notification and information requirements.

 

b)      Along with the general training provided to all employees, all investigators, decisionmakers, and other persons who are responsible for implementing the District's grievance procedures or have the authority to modify or terminate supportive measures will be trained on the following topics to the extent related to their responsibilities:

 

1.      The District's obligations to respond to sex discrimination;

 

2.      The District's grievance procedures;

 

3.      How to serve impartially, including by avoiding prejudgment of the facts at issue, conflicts of interest, and bias; and

 

4.      The meaning and application of the term "relevant" in relation to questions and evidence, and the types of evidence that are impermissible regardless of relevance under the District's grievance procedures.

 

c)      Along with the general training provided to all employees, all facilitators of an informal resolution process will be trained on the rules and practices associated with the District's informal resolution process and on how to serve impartially, including by avoiding conflicts of interest and bias.

 

 

d)      Along with the general training provided to all employees and the more specific training provided to those responsible for implementing the District's grievance procedures and facilitators of an informal resolution process, all Title IX Coordinators and designees will be trained on their specific responsibilities, the District's recordkeeping system, recordkeeping requirements under Title IX, and any other training necessary to coordinate the District's compliance with Title IX.

 

Notification

 

         The District will provide a notice of nondiscrimination under Title IX to: students; parents, guardians, or other authorized legal representatives of District students; employees, applicants for employment; and all unions and professional organizations holding collective bargaining or professional agreements with the District.

 

         The notice will prominently include, at a minimum, the following:

 

a)      A statement that the District does not discriminate on the basis of sex and prohibits sex discrimination in any education program or activity that it operates, as required by Title IX, including in employment;

 

b)      A statement that inquiries about the application of Title IX to the District may be referred to the District's Title IX Coordinator, the Office for Civil Rights, or both;

 

c)      The name or title, office address, email address, and telephone number of the District's Title IX Coordinator;

 

3. How to locate this policy which contains the District's Title IX nondiscrimination policy and grievance procedures; and

 

4. How to report information about conduct that may constitute sex discrimination and how to make a complaint of sex discrimination under Title IX.

 

5. The District will include this notice on its website and in each handbook, catalog, announcement, bulletin, and application form it provides to the individuals and entities referenced above, as well as in any materials used for recruiting employees.

 

 

If necessary, due to the format or size of a publication, the District may instead include a statement that the District prohibits sex discrimination in any education program or activity that it operates and that individuals may report concerns or questions to the Title IX Coordinator, and provide the location of the notice on the District's website.

 

Recordkeeping

 

         The District will maintain for a period of at least seven years:

 

a)      For each complaint of sex discrimination, records documenting the informal resolution process or the grievance procedures and the resulting outcome.

 

b)      For each notification the Title IX Coordinator receives of information about conduct that reasonably may constitute sex discrimination under Title IX, records documenting the actions the District took to meet its obligations.

 

c)      All materials used to provide training. The District will make these training materials available upon request for inspection by members of the public.

 

 

 

20 USC Section 1681, et. seq.

34 CFR Part 106

Education Law Section 13

8 NYCRR Section 100.2

 

Adoption Date: December 16, 2025

 

3000 - COMMUNITY RELATIONS

3422 EQUITY, INCLUSIVITY AND DIVERSITY IN EDUCATION

Adoption Date: 06/16/2021

 

The Board of Education is committed to creating and maintaining a positive and inclusive learning environment where all students, especially those currently and historically marginalized, feel safe, included, welcomed, and accepted, and experience a sense of belonging and academic success.

Generally Accepted Beliefs and Agreements

All children deserve to have equal access to opportunity regardless of the color of their skin, their gender, their sexual orientation, the language they speak or their background. This freedom is fundamental to our K-12 education program and is extended to everyone without exception. However, the District also recognizes that students have been historically marginalized due to inequities associated with aspects of their identities and their contexts, including, but not limited to, race, color, weight, national origin, ethnic group, religion, religious practice, disability, sex; sexual orientation, or gender (including gender identity and expression). Racism, discrimination, and marginalization of any people or groups of people, whether intentional or not, have no place in our schools, our District or our community. Such actions damage not only those individuals and groups at which they are directed, but also our community as a whole. We are committed to addressing these inequities and helping each and every student to equitably access learning opportunities in school to enable them all to thrive and to build a better society.

Goals

The goal of the school District is to provide equitable, inclusive and diverse opportunities for all students to reach their highest potential. To achieve educational equity and inclusive education, the District will acknowledge the presence of culturally diverse students and the need for students to find relevant connections among themselves and the subject matter and the tasks teachers ask them to perform. The District will develop the individual and organizational knowledge, attitudes, skills, and practices to create culturally responsive learning and working environments that expect and support high academic achievement for students and employees from all racial groups. Differences will not just be seen as strengths, but they will be nourished, celebrated, and welcomed because they are what make students and families unique.

In order to truly realize this goal, it is imperative that the Board, its officers, and employees, be fully conversant in the historical injustices and inequalities that have shaped our society and to recognize and eliminate the institutional barriers, including racism and biases, that contribute to the pervasive, disparate educational outcomes within our schools. Equity and inclusive education aims to understand, identify, address, and eliminate the biases, barriers, and disparities that limit a student’s chance to graduate high school prepared for college, for a career, and for life.

The Superintendent or designee(s) will ensure that curriculum and instructional materials reflect the Board’s commitment to educational equity. Curriculum and instructional materials for all grades shall reflect diversity and include a range of perspectives and experiences, particularly those of historically underrepresented groups. All curriculum materials shall be examined for bias. Class instructional activities and extracurricular programs shall be designed to provide opportunities for cross-cultural and cross-racial interactions that foster respect for diversity.

Equity and inclusive education is an ongoing process that requires shared commitment and leadership if a District is to meet the ever-evolving society, unique learning needs of all students, and diverse backgrounds of our communities and schools. The Board understands that equity and inclusive education is achieved when each adult collaborates and affirms each student by creating a respectful learning environment inclusive of actual or perceived personal characteristics.

Educational equity is based on the principles of fairness and ensuring that every student has access to the resources and educational rigor they need at the right moment in their education, despite any individual’s actual or perceived personal characteristics, not to be used interchangeably with principles of equality, treating all students the same.

Inclusive education is based on the principles of acceptance and inclusion of all students. Students see themselves reflected in their curriculum, their physical surroundings and the broader environment, in which diversity is honored and all individuals are respected.

Diversity in education means students, staff, families and community are our greatest strength and diversity is viewed as an asset. Diversity means the condition of being different or having differences, including, but not limited to, sex, race, ethnicity, sexual orientation, gender, age, socioeconomic class, religion, and ability, and other human differences. Embracing these diversities and moving beyond tolerance and celebration to inclusivity and respect will help the NYSSBA Sample Policy Copyright © 2020 by the New York State School Boards Association, Inc. Not for further reproduction or posting without the express permission of NYSSBA NYSSBA Sample Policy 0105 District reach our goal of creating a community that ensures that each and every voice is heard and valued.

 

Accountability, Transparency and Review

The Board, its officers and employees, accepts responsibility and will hold themselves and each other accountable for every student having full access to quality education, qualified teachers, challenging curriculum, full opportunity to learn, and sufficient, individually-tailored support for learning so they can achieve at excellent levels in academic and other student outcomes. The District also accepts its responsibility for moving forward on this journey and to committing time, energy and resources to develop a more equitable, inclusive, and diverse welcoming environment for all students, parents and staff. To this end, the Superintendent will establish a District-wide [insert applicable title, such as: Task Force on Equity and Inclusion], as well as [insert applicable title, such as: Equity and Inclusion Coordinating Committees] in each school. Committees will include representation from staff, administration, students and parents. The District-wide task force and the school-level committee will assist the administration in developing and implementing specific prevention initiatives, including the adoption and revision of policies and implementation of practices designed to promote diversity, prevent discrimination, assure equitable access to high quality educational staff, facilities and materials, and to maximize student achievement for all students. The accompanying exhibit provides more detail on the specific programs and strategies implemented by the District.

The Superintendent of Schools, or designee, will adopt goals and corresponding metrics related to this policy. The District will identify the multiple indicators necessary to monitor student outcomes, engagement, and school climate, and specific data that will be used to ensure accountability for student, school, and District-wide performance; to reduce variability in outcomes; and to ensure that academic outcomes will not be predictable by actual or perceived personal characteristics and can be assessed and reported transparently to the public. Reporting may include, but is not limited to, standardized test scores; referrals, suspension and expulsion reports; the percentage of students placed in Bilingual or English as a New Language (ENL), Advanced Placement and remedial classes; as well as employee, parent and student perceptions about school.

With committee input, the Superintendent of Schools is directed to develop and implement a plan for ensuring that equitable educational opportunities are being provided to all students. In addition, the Board directs that training programs be established for students, and NYSSBA Sample Policy Copyright © 2020 by the New York State School Boards Association, Inc. Not for further reproduction or posting without the express permission of NYSSBA annually for employees, to raise awareness of the issues surrounding cultural responsiveness, equity and inclusion and to implement preventative measures to help counteract biases and practices that perpetuate achievement disparities and lead to disproportionate levels of student success. Age-appropriate instructional materials will be incorporated into the curriculum to educate students so that they can learn from a diverse range of experiences and points of view. Curricular materials and staffing decisions will support these efforts.

The Board of Education and the Superintendent District will monitor and review the District’s metrics and equity activities to determine the extent to which District schools are complying with this policy, the progress made toward attaining the goals of this policy, whether this policy is having a positive effect on improving academic opportunities for all students and increasing family engagement and reducing achievement gaps. The Superintendent will regularly report progress on the equity, inclusivity, and diversity plan and outcomes. Based on those results, this policy, and the specific objectives set to meet its goals, may be revised as needed.

Equity Policy Communication

To be successful in this endeavor, it is imperative that all members of the school community are aware of this policy, its purpose, procedures and the District’s commitment to equity and inclusion by fostering a positive learning environment that embraces all diverse, unique and individual differences.

The Superintendent, or designee(s), is directed to ensure that this policy is communicated to students, staff, and the community. This policy will be posted on the District’s website, and will also be published in student registration materials, student, parent and employee handbooks, and other appropriate school publications.

Policy Enforcement The Board directs the Superintendent or designee(s) to enforce this policy and create regulations and practices to implement this policy. The Board will annually review the District’s implementation of this policy and take appropriate action to ensure compliance with and enforcement of this policy.

Cross-ref:        4000, Goals for Instructional Programs

4511, Textbook Selection and Adoption

5153, Student Assignment to Schools and Classes

9240, Recruiting and Hiring

9700, Professional Development

Policy References

3000 - COMMUNITY RELATIONS

3430 UNIFORM VIOLENT AND DISRUPTIVE INCIDENT SYSTEM

Last Updated Date: 6/18/2012

Adoption Date: 6/12/2007

In compliance with the Uniform Violent and Disruptive Incident System, the District will record each violent or disruptive incident that occurs on school property or at a school function. School property shall mean in or within any building, structure, athletic playing field, playground, parking lot or land contained within the real property boundary line of a public elementary or secondary school; or in or on a school bus as defined in Vehicle and Traffic Law Section 142. A school function shall mean a school-sponsored or school-authorized extracurricular event or activity regardless of where such event or activity takes place, including any event or activity that may take place in another state and/or another country.

In accordance with the manner prescribed, the District will submit an annual report of violent and disruptive incidents (on the Summary of Violent and Disruptive Incidents form) from the previous school year to the Commissioner of Education. Summary data will be used to determine the rate of violent and disruptive incidents in each school and to identify schools as persistently dangerous, as required by the No Child Left Behind Act.

The District will utilize the Individual Violent or Disruptive Incident Report form for the reporting of individual incidents by each building and/or program under its jurisdiction and for the tally count of incidents into the Summary Form. Copies of such incident reports will be retained for the time prescribed by the Commissioner in the applicable records retention schedule. These reports will be available for inspection by the State Education Department upon request.

All personally identifiable information included in a violent or disruptive incident report will be confidential and will not be disclosed to any person for any purpose other than that specified in Section 2802 of the Education Law, except as otherwise authorized by law.

The District will include a summary of the District's annual violent or disruptive incident report in its School District Report Card in the format prescribed by the Commissioner.

Reporting Guidelines

The District will utilize the New York State Education Department's website to obtain copies of the forms, directions, glossary and additional information.

Policy References

Education Law Sections 2801(1) and 2802
8 New York Code of Rules and Regulations (NYCRR)
Section 100.2 (gg)

3000 - COMMUNITY RELATIONS

3510 EMERGENCY CLOSINGS

Adoption Date: 6/12/2007

Revisions History: 6/10/2014, 9/12/2017

In the event it is necessary to close school for the day, activate a delayed starting time or early dismissal (as well as information relating to cancellation of after-school activities/late bus runs), due to inclement weather or other emergency reasons, announcement thereof shall be made over local radio and television stations, the Internet/District Website, and the District’s automated notification system.

When school is closed, all related activities, including athletic events, student activities, Continuing Education classes, and outside groups using district facilities for any activity/event/meeting will be cancelled for that day and evening.  In extremely limited situations, the Superintendent may exercise discretion and grant permission for an event/activity to occur in light of the totality of the circumstances.  Individual requests must be submitted directly to the Superintendent in a timely matter for the Superintendent to consider the request.

The attendance of personnel shall be governed by their respective contracts. 

Policy References

Education Law Section 3604(7)

3000 - COMMUNITY RELATIONS

3520 EXTRAORDINARY CIRCUMSTANCES

Adoption Date: 11/17/2020

The District considers the safety of its students and staff to be of the utmost importance and is acutely aware that extraordinary circumstances such as widespread illness, natural disaster, or other emergency situation may make District premises unsafe or otherwise interrupt the District's ability to effectively operate.  

In these circumstances, the District will follow its previously developed policies, procedures, and plans including, but not limited to, the District-wide school safety plan and building-level emergency response plan(s). To the extent that any District policy, procedure, or plan is in any way inconsistent with or conflicts with federal, state, or county law, regulation, or executive order released for the purpose of addressing the extraordinary circumstance, the federal, state, or county law, regulation, or executive order will govern. Additionally, the Board may adopt resolutions or take other actions as needed to respond to changes in federal, state, or county law, regulation, or executive order to provide further direction during an extraordinary circumstance.

Policy References